State Farm Mutual Automobile Insurance Company v. Roniesha Adams F/K/A Roniesha Sanders

526 S.W.3d 63, 2017 WL 3634221, 2017 Ky. LEXIS 361
CourtKentucky Supreme Court
DecidedAugust 24, 2017
Docket2015-SC-000366-DG
StatusUnknown
Cited by8 cases

This text of 526 S.W.3d 63 (State Farm Mutual Automobile Insurance Company v. Roniesha Adams F/K/A Roniesha Sanders) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Mutual Automobile Insurance Company v. Roniesha Adams F/K/A Roniesha Sanders, 526 S.W.3d 63, 2017 WL 3634221, 2017 Ky. LEXIS 361 (Ky. 2017).

Opinions

OPINION OF THE COURT BY

JUSTICE KELLER

State Farm Mutual Automobile Insurance Company appeals from the opinion of the Court of Appeals, which reversed the circuit court’s declaratory and summary judgment in favor of State Farm. The only issue before us is whether State Farm is permitted unilaterally to require that a person seeking coverage undergo questioning under oath. Having reviewed the record, we reverse the Court of Appeals and reinstate the circuit court’s judgment.

I. BACKGROUND.

The underlying facts are not in dispute. Milton Mitchell owned a late-model KIA, which he insured through State Farm. The State Farm policy provided basic reparation benefits (BRB) and uninsured motor vehicle coverage.

On April 3, 2012, Roniesha Adams (Adams), her son, BA, and BA’s father, Barry Adams, Sr. (Barry) were passengers in Mitchell’s car. While they were stopped at a red light, another vehicle struck Mitchell’s car from the rear. That vehicle, which no one in the Mitchell car could identify, fled the scene. Following the accident, Adams, who was pregnant, BA, and Barry were transported to the hospital by ambulance. Mitchell and his three passengers asserted claims against State Farm, seeking PIP and uninsured motorist benefits. State Farm made initial payments of PIP benefits but, after an investigator took recorded statements from Mitchell, Barry, and Adams, State Farm suspended any additional payments. According to State Farm, Adams, Barry, and Mitchell gave inconsistent statements about where they were going that day, where they had been, and what happened when they were hit. State Farm also perceived inconsistencies between the statements and the police report and noted that Adams and Barry had been involved in a number of motor vehicle accidents in the preceding year. Because of these perceived inconsistencies, State Farm identified four “substantive issues” that it needed to clarify before it could continue to extend coverage:

Whether the bodily injury or property damage was caused by the accident.
Whether the injury was caused by a hit- and-run motor vehicle, so as to qualify as an uninsured motor vehicle under the Uninsured Motor Vehicle coverage.
Whether the accident arose out of the ownership, maintenance, or use of an uninsured motor vehicle as defined in the policy.
If [Mitchell, Adams, or Barry] ... has made false statements with the intent to conceal or misrepresent any material fact or circumstance in connection with any claim under this policy.

In order to resolve these issues, State Farm advised Mitchell, Adams, and Barry that, pursuant to a provision in the policy, they were required to submit to questioning under oath.1 Mitchell submitted to [65]*65questioning under oath and State Farm extended coverage to him. However, Adams and Barry refused to submit to questioning under oath and State Farm refused to pay any additional benefits. Adams and Barry then filed suit against State Farm, and State Farm filed a counterclaim seeking a declaratory ..judgment that it did not have to provide coverage because Barry and Adams failed to cooperate with its investigation. Following discovery, which included the depositions of Adams and Barry, each party moved for summary judgment. State Farm also moved the court for a declaratory judgment that it had no obligation to extend coverage to Adams or Barry. The circuit court granted State Farm’s motions finding that “[ujnder the terms of the policy, the plaintiffs failed to cooperate in the investigation of their claims, thus their claims for BRB and uninsured motorist benefits are barred.”

Adams, in her individual capacity, and as mother and guardian of BA, appealed to the Court of Appeals. For reasons that are not clear in the record, Barry did not appeal. The Court of Appeals reversed, holding that State Farm had to obtain a court order before it could require Adams to submit to questioning under oath. State Farm sought discretionary review, which we granted.

II. STANDARD OF REVIEW.

The issue before us is one of law, which we review de novo. Cumberland Valley Contractors, Inc. v. Bell Cnty. Coal Corp., 238 S.W.3d 644, 647 (Ky. 2007).

III. ANALYSIS.

At the outset, we note that Adams sought coverage under the BRB and uninsured motor vehicle, provisions of State Farm’s policy. Those types of coverage are governed- by separate statutory provisions; however, KRS 304.20-020, the uninsured motor vehicle coverage statute, “must be construed in. light of and in accord with” KRS 304.39-010, et seq., the Motor Vehicle Reparations Act (the MVRA). Countryway Ins. Co. v. United Fin. Cas. Ins. Co., 496 S.W.3d 424, 434 (Ky. 2016). Therefore, although governed separately, we believe that the same analysis applies equally to each provision.

We begin by briefly reviewing KRS 304.20-020 and pertinent sections of the MVRA. KRS 304.20-020(1), which is not part of the MVRA, provides that motor vehicle insurers must offer uninsured vehicle coverage, “provided the named insured shall have the right to reject in writing such coverage.” The MVRA is more comprehensive and is intended:

(1) To require owners, registrants and operators of motor vehicles in the Commonwealth to procure insurance covering basic reparation benefits and legal liability arising out of ownership, operation or use of such motor vehicles;
[66]*66(2) To provide prompt payment to victims of motor vehicle accidents without regard to whose negligence caused the accident in order to eliminate the inequities which fault-determination has created;
(3) To encourage prompt medical treatment and rehabilitation of the motor vehicle accident victim by providing for prompt payment of needed medical care and rehabilitation;
(4) To permit more liberal wage loss and medical benefits by allowing claims for intangible loss only when their determination is reasonable and appropriate;
(5) To reduce the need to resort to bargaining and litigation through a system which can pay victims of motor vehicle accidents without the delay, expense, aggravation, inconvenience, inequities and uncertainties of the liability system;
(6) To help guarantee the continued availability of motor vehicle insurance at reasonable prices by a more efficient, economical and equitable system of motor vehicle accident reparations;
(7) To create an insurance system which can more adequately be regulated; and

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Bluebook (online)
526 S.W.3d 63, 2017 WL 3634221, 2017 Ky. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-company-v-roniesha-adams-fka-ky-2017.